Due diligence procedures re ATP's offer on Crescent Gardens

The request was partially successful.

Dear Harrogate Borough Council
Will you please place in the public domain all written evidence relating to Harrogate Borough Council undertaking all necessary “due diligence” processes and procedures in relation to the offer by Mr Adam Thorpe and/or ATP (Crescent Gardens) Limited to purchase the old Harrogate Council offices at Crescent Gardens, Harrogate?
Yours faithfully,
Peter Lilley

Foi, Harrogate Borough Council

Harrogate Borough Council confirm that your email has been received at
[Harrogate Borough Council request email]. Your request will now be considered under the
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004 (if the subject matter relates to environmental
information), we may be in further contact with you in connection with
your request. However, if it is clear what information you are requesting
disclosure of then you should expect a full response within the next 20
working days, if exemptions are engaged that will be explained to you in
the response.

 

Harrogate Borough Council

Freedom of Information

 

--------------------------------------------------------------------------

This email is Scanned by MailMarshal

show quoted sections

Foi, Harrogate Borough Council

Dear Mr Lilley,

Thank you for your email received by the Council on 7th November 2019 requesting information under the Freedom of Information Act 2000 ('FOIA') relating to "all written evidence relating to Harrogate Borough Council undertaking all necessary "due diligence" processes and procedures in relation to the offer by Mr Adam Thorpe and/or ATP (Crescent Gardens) Limited to purchase the old Harrogate Council offices at Crescent Gardens, Harrogate".

The Council consider this information to be personal data exempt from disclosure under section 40 of the FOIA. Section 40 of FOIA provides an exemption from the right to information if it is personal data as defined in the Data Protection Act.

If you are not satisfied with the way your request has been handled, please contact Freedom of Information Officer, PO Box 787, Harrogate, HG1 9RW or email [Harrogate Borough Council request email]

The Council has an internal review procedure. If your complaint is about the decision which has been made you will usually be entitled to have your case reviewed by a senior officer from a department which has not been involved in the decision previously. Your request for internal review must be received by the Council within 40 working days from the date that the response to your initial request is issued.

If, after their decision, you are still not happy, you may appeal to-

The Information Commissioner
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 0303 123 1113
website: https://ico.org.uk/

For the avoidance of doubt the provision of council (and other) officer names and contact details under FOI or EIR does not give consent to receive direct marketing via any media and expressly does not constitute a 'soft opt-in' under PECR.

Yours faithfully

The FOI Team

Harrogate Borough Council
P.O. Box 787
Harrogate
HG1 9RW

Tel: 01423 500600
Web: www.harrogate.gov.uk

show quoted sections

Foi, Harrogate Borough Council

Dear Mr Lilley,

Whilst the information relating to Adam Thorpe is personal data, the Council can confirm that bidding company and experience was reviewed as explained by the following section included in the Cabinet Report

Appendix D -Company and Experience Feedback, Lambert Smith Hampton

Company & Experience Scoring
The following criteria were considered for each of the bidders when reviewing and scoring the bid(s):
- Dun & Bradstreet Credit Report & Risks Profile
- A review of financial accounts and information provided by the bidders
- Advice provided by Harrogate Borough Council's finance colleagues
- Evidence of proof of funding for the purchase & development
- Access to development finance & evidence of support (where provided)
- Evidence of a track recorded in developing developments in following areas:
- Schemes in Harrogate
- Regional schemes
- National schemes
- Developments within Town Centre locations
- Within Conversation areas
- Conversions of Historic properties
- The frequency & scale of the developments previously undertaken
- Where schemes of mixed use are being proposed, evidence of having previously undertaken these types of development & their success
- Consideration has been given to the freely available supporting information on their website highlighting their previous projects.
- Consideration to the proposed professional teams
- Consideration to the business viability for mixed use commercial activities, and evidence provided to support the business case

Yours faithfully

The FOI Team

Harrogate Borough Council
P.O. Box 787
Harrogate
HG1 9RW

Tel: 01423 500600
Web: www.harrogate.gov.uk

show quoted sections

Dear Harrogate Borough Council
Please pass this on to the person who conducts Freedom of Information reviews.
I’m calling for an internal review into the handling of this FOI request as I have serious concerns about the way it was dealt with.
I would like the senior officer undertaking the review to explain why the legal department sat on my request for 19 working days before responding – only to say that it would not provide the information I sought because it contained personal data and was therefore exempt from disclosure.
However, the following day, and without any explanation at all, the legal department suddenly provided some of the information I had requested.
The senior officer needs to explain what is going on in the legal department and its system of dealing with FOI requests if it delays responses until the penultimate day before the official deadline - but then refuses to provide the information. Only to change its mind the following day, providing some of the information sought - but without explanation as to why it wasn’t provided in the first place?
One would have assumed there were very strict rules governing the way FOI requests are dealt with. Can the senior officer explain why this request was dealt with in a manner which I would describe as being both sloppy and unhelpful?
Yours sincerely
Peter Lilley

.

Foi, Harrogate Borough Council

Dear Mr Lilley,

I can confirm that your request for an internal review was received on the 16th December 2019. The Council will endeavour to complete the review within 20 working days. The review will be carried out by a senior Council Officer who has not been involved with your original request. You will be informed of the decision of the review as soon as possible once the review has been completed. If you remain unsatisfied after the findings of the review you then have the right to complain to the Information Commissioners Office, details will be provided in the review response.

Yours sincerely

The FOI Team

Harrogate Borough Council
P.O. Box 787
Harrogate
HG1 9RW

Tel: 01423 500600
Web: www.harrogate.gov.uk

show quoted sections

Mair Hill, Harrogate Borough Council

1 Attachment

Dear Mr Lilley,

 

Please find attached a letter setting out my findings following your
request for an internal review.

 

Regards

 

Mair Hill

Chief Solicitor

Legal and Governance

Harrogate Borough Council

PO Box 787

Harrogate

HG1 9RW

Telephone 01423 500600 extension 58367

[1][email address]

 

 

 

 

--------------------------------------------------------------------------

This email is Scanned by MailMarshal

show quoted sections

Peter Lilley left an annotation ()

After receiving Harrogate Borough Council’s internal review into the way my FOI request was handled, I have now emailed HBC’s Chief Solicitor (who undertook the review) expressing my concern and disappointment.
My understanding was that internal reviews are supposed to be entirely independent and impartial, with the process undertaken by senior officers completely unconnected with the matter being reviewed.
But this was an internal review into the alleged failure of HBC’s legal department to properly deal with my FOI request. In which case, I’m unclear as to how it can possibly be regarded as being entirely independent and impartial if the officer undertaking the review works within the legal department? Indeed, she reports to HBC’s Head of Legal & Governance - the officer ultimately responsible for the way the FOI request was originally dealt with.
I find this entirely unacceptable and, to my mind, it raises serious concerns in relation to good governance.